The petitioner is aggrieved by the refusal of the 2nd respondent to accept the application for a regular permit as indicated in Ext.P2. The petitioner's admitted stand is that, the application has been made for a permit within the Kozhikode city. There is a restriction on permits, issued by the State Government under Section 71(3) of the Motor Vehicles Act, 1988 (for brevity, 'the MV Act'), within the city, and the petitioner contends that, there are vacancies, even coming within the said restricted number of stage carriages. The petitioner only prays that, the application be accepted and considered by the Regional Transport Authority (RTA) in accordance with Section 80 of the MV Act. 2. The learned Counsel for the petitioner also points out proviso to Section 80(2) wherein, the RTA has been W.P.(C) No.21194 of 2014 - Y 2 conferred with the power to summarily refuse the application for grant of any permit, if the same would have the effect of increasing the stage carriages as fixed and specified in a notification under Section 71(3) of the MV Act. The second proviso also mandates that such a rejection shall be in writing with reasons for the refusal.
3. The learned Government Pleader based on a statement filed, contended that there are no vacancies, in Kozhikode city. The statement also discloses that, earlier in the year 2002 and 2008, two separate applications were filed for regular permit in the very same vacancy, in which the petitioner had applied for and the same was rejected.
4. Definitely, the rejection in the year 2002 and 2008 cannot decide the issue when an application has been made in the year 2014. Looking at Section 80(2) of the MV Act, though the RTA has the specific power to reject a regular permit application resulting in exceeding the number of stage carriages fixed and specified in Section 71(3) of MV Act; the same has to be done by a written order with W.P.(C) No.21194 of 2014 - Y 3 reasons disclosed and after affording an opportunity of hearing to the petitioner if the RTA decides to reject the application.
5. In such circumstance, definitely, the application would have to be accepted. If the petitioner re-presents the application to the 2nd respondent within two weeks from today, the Secretary, RTA shall place the same before the RTA and the RTA shall within a period of two months from that date consider the same and if the tentative decision is to reject the application, then definitely the petitioner shall be afforded an opportunity for hearing as provided under the second proviso to Section 80(2) of MV Act.
With the above observations and directions, the writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A To Judge.